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10. INDEPENDENT CONTRACTOR <br />CITY shall be considered independent contractors and neither their employees <br />nor subcontractors, agents or anyone else working under or on behalf of CITY or CITY shall <br />be considered an agent or an employee of COUNTY. Further, neither CITY or CITY's <br />employees nor subcontractors, agents or anyone else working under or on behalf of CITY or <br />CITY shall qualify for workers' compensation or other fringe benefits of any kind through <br />COUNTY. <br />1 1. ASSIGNMENT OR SUBCONTRACTING <br />The terms, covenants, and conditions contained herein shall apply to and bind <br />the heirs, successors, executors, administrators and assigns of the parties. Furthermore, <br />neither the performance of this Agreement nor any portion thereof may be assigned or sub- <br />contracted by CITY without the express written consent of COUNTY. Any attempt by CITY <br />to assign or sub-contract the performance or any portion thereof of this Agreement without <br />the express written consent of COUNTY shall be invalid and shall constitute a breach of this <br />Agreement. <br />12. NON-DISCRIMINATION <br />CITY shall not unlawfully discriminate in any way with respect to performance <br />of this Agreement, on the basis of race, religion, gender, sexual orientation, age, national <br />origin, ancestry, medical condition, or physical or mental disability and/or in violation of any <br />applicable state or federal law or regulation, including but not limited to the federal Age <br />Discrimination Act of 1975, Section 504 of the federal Rehabilitation Act of 1973, the <br />Americans with Disabilities Act, the federal Civil Rights Act of 1964, Title VII of the federal <br />Civil Rights Act of 1968, California Government Code section 11135 et seq., and the Unruh <br />Civil Rights Act, as those acts may have been amended. <br />CITY agrees that in the performance of this Agreement it will comply with all <br />applicable requirements of California Labor Code Section 1735, California Government <br />Code Section 12940 et seq., and federal statutes and regulations pertaining to employment <br />discrimination, and will not engage in nor permit any subcontractor to engage in unlawful <br />discrimination in employment of persons. This prohibition shall pertain to employment; <br />upgrading; demotion or transfer; recruitment advertising; layoff or termination; rates of pay <br />and other forms of compensation; selection for training, including apprenticeship; and any <br />5 <br />